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TMI Blog1956 (4) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... rying on business in auto-parts and accessories. During the assessment year 1952-53, with which this petition is concerned, the assessee returned its turnover as nil. The Deputy Commercial Tax Officer, however, estimated its turnover at Rs. 96,713-8-0 this being the amount for which the goods held by it including its furniture were handed over to a proprietary concern by name Associated Trades. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer rejected both these grounds for exemption and assessed the turnover we have mentioned above to tax under the General Sales Tax Act. The assessee took the matter in appeal to the Commercial Tax Officer. The appellate authority con- firmed the assessment but in the order which it passed it did not refer specifically to the first of the grounds which we have mentioned above. It dealt merely with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the assessee. It is from this order that the present revision case has been filed. Mr. Srinivasa Ayyangar, learned counsel for the assesse petitioner, repeated before us the two grounds which had been taken before the Deputy Commercial Tax Officer. So far as the claim for exemption under rule 5(1)(h) is concerned we consider that on the materials placed before the Tribunal and the assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lities the sales were stopped on 9th January, 1952, and the business was suspended. At the time they had a stock of goods valued for Rs. 96,713-8-0. This stock was handed over to Messrs. Associated Trades, a proprietary concern on 2nd April, 1952, in discharge of heavy liabilities due to them." The question whether this is a sale in the course of business by a dealer has not been considered by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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